Town and Regional Planning (Amendment) Act, 1939

Units for regulating density of structures.

8.—(1) Whenever a planning scheme contains a limitation on the number of structures or the number of structures of a specified class which may be constructed, erected, or made within any particular area, such planning scheme may contain provisions requiring the responsible authority to divide any land in such area into units for the purpose of the application of such limitation to such units rateably in proportion to the superficial contents of such units respectively.

(2) Where a planning scheme contains a provision under this section requiring the responsible authority to divide land into units, such planning scheme—

(a) shall contain provisions enabling any owner of any land so divided to appeal to the Minister and enabling the Minister on any such appeal to confirm the division or to modify it in any manner which he thinks proper, and

(b) may contain provisions enabling persons of any specified class (other than owners of any land so divided) to appeal to the Minister and enabling the Minister on any such appeal to confirm the division or to modify it in any manner which he thinks proper.

(3) Where a planning scheme contains a provision under this section requiring the responsible authority to divide land into units, such planning scheme may contain provisions enabling such responsible authority to make alterations in the boundaries of any one or more of such units and, if any such provision is contained in a planning scheme, the immediately preceding sub-section of this section shall apply and have effect in relation to an alteration or a refusal to make an alteration under such provision in like manner as it applies and has effect in relation to a division under a provision requiring the responsible authority to divide land into units.

(4) The determination by the Minister of any appeal brought under provisions contained in a planning scheme by virtue of this section shall be final.

(5) Where the responsible authority has duly divided, under provisions contained in a planning scheme by virtue of this section, any land into units for the purpose of the application of a limitation on the number of structures or the number of structures of a specified class which may be constructed, erected, or made within any particular area, a contravention of such limitation in respect of any of the units specified in such division (as for the time being in operation) shall be a contravention of such planning scheme.